A proteção jurisdicional do direito à saúde: uma análise das tutelas provisórias de urgência para fornecimento de medicamentos nos processos em trâmite no Juizado Especial da Fazenda Pública da Comarca da Ilha de São Luís/MA

Abstract

The right to health is a social right inscribed in the Federal Constitution. Its promotion depends on material benefits from the Public Power, which satisfies it through public policies, including the supply of medicines. However, as a result of the budgetary constraint, the realization of this right ends up being mitigated, that is, not assured to all, which causes the judicialization of the right to health with the purpose of seeking from the Judiciary Power the protection of this constitutionally assured social right. The purpose of this monographic study is to analyze the effectiveness of the judicial protection of the fundamental right to health by means of the provisional protection of urgency of an anticipated nature in the face of the Public Treasury for the supply of medicines in the judicial proceedings in process before the Special Court of the Public Treasury of the Term of São Luís. In order to corroborate the understanding, the first chapter explored the fundamental right to health, which is the basis of the object of the research, and in the second chapter, the procedural means used to protect this constitutional guarantee, which is the provisional protection of urgency, as well as its concession against the Public Treasury, specifically for the supply of medicines. Lastly, the third and final chapter was aimed at analyzing the effectiveness of provisional protection of urgency of an anticipated nature for the supply of medicines in the proceedings pending before the Special Court of Public Treasury of the Term of São Luís. The hypothetico-deductive method was used as a method, in which starts from a preexisting problem, and from the observation of the object of the research hypotheses are formulated that will be attested at the end of the analysis.